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BREAKING : Supreme Court Directs Medical Examination Of Arrested YSRCP MP Raghu Rama Krishna Raju At Army Hospital, Secunderabad

LIVELAW NEWS NETWORK
17 May 2021 8:33 AM GMT
BREAKING : Supreme Court Directs Medical Examination Of Arrested YSRCP MP Raghu Rama Krishna Raju At Army Hospital, Secunderabad
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The Supreme Court on Monday directed that YSR Congress MP K Raghu Rama Krishna Raju, who has been arrested by Andhra Pradesh Police in a sedition case over his critical remarks, be taken to Army Hospital, Secunderabad for medical examination with respect to allegations of custodial torture.A division bench comprising Justices Vineet Saran and BR Gavai passed the order in a special leave...

The Supreme Court on Monday directed that YSR Congress MP K Raghu Rama Krishna Raju, who has been arrested by Andhra Pradesh Police in a sedition case over his critical remarks, be taken to Army Hospital, Secunderabad for medical examination with respect to allegations of custodial torture.

A division bench comprising Justices Vineet Saran and BR Gavai passed the order in a special leave petition filed by Raju against the order of the Andhra Pradesh High Court which refused to entertain his bail application. The High Court had declined interference saying that Raju should first move the sessions court for bail.

He was arrested on Friday (May 14) on the charges of sedition and was taken to the Crime Investigation Department (CID) office in Guntur district.

The Supreme Court passed the order for medical examination taking note of the fact that the Magistrate has noted injuries in his body and that he has underwent a heart surgery last year.

The directions are :

  • Raju must be taken to Army Hospital, Secunderabad(Telangana) forthwith.
  • The medical examination must be done in the presence of a judicial officer nominated by the Chief Justice of the Telangana High Court.
  • The medical examination must be carried out by a medical board of three doctors constituted by the Army Hospital.
  • The proceedings of medical examination must be videographed and be submitted before the Telangana High Court in a sealed cover for being transmitted to the SC.
  • He shall be kept in hospital admission till further orders of the Court and the period of admission will be treated as judicial custody.
  • The hospitalization expenses must be borne by him.

The Supreme Court will consider the matter next on Friday.

Senior Advocate Mukul Rohatgi, appearing for Raju, told the Supreme Court bench that his client was targeted for being a critic of the YSR Party. Mr. Rohatgi prayed for an ad-interim bail and a medical examination at a neutral hospital as Raju has been beaten up during custody. Mr. Rohatgi pointed out that last year, Mr.Raju had to procure Y category security cover after approaching the Delhi High Court as he was facing internal threats.

Mr. Rohatgi stressed that there was no incitement or call for violence in the speeches given by Mr.Raju, and therefore there was no basis for invoking the offence of sedition under Section 124A IPC.

"Today, the governments as a matter of course are adding 124A, so that a man does not get bail because courts feel it is a serious matter", Mr.Rohatgi said.

The senior lawyer said that on May 14, which was incidentally the birthday of Mr.Raju, the police party arrested him from his residence and took him to Guntur, which was 300 kilometers away. He was beaten up in custody. The Magistrate has recorded that there were injury marks in his body, and that he had undergone byepass surgery in last December. Therefore, the Magistrate has ordered medical examination by a government hospital and by a private hospital.

Mr. Rohatgi further submitted that the High Court constituted a medical board to examine Mr.Raju, which is led by a gynecologist whose husband is the head of the legal cell of the State Government. He urged that the medical examination be done at the Army Hospital either in Golconda  or Secunderabad.

Senior Advocate Dushyant Dave, appearing for Andhra Pradesh Government, sought time till Friday to respond to the petition. Mr.Dave suggested that Mr.Raju can be examined at All India Institute of Medical Sciences (AIIMS) at Mangalgiri in Andhra. Since AIIMS is not under the state government, the concerns of Mr.Rohatgi will be addressed, Mr.Dave said.

He also suggested that the examination can be done in the presence of a judicial officer.

Senior Advocate B Adinarayana Rao, also appearing for Mr.Raju, said that the AIIMS hospital at Mangalgiri started only recently and therefore lacks facilities. Mr.Rao suggested that Mr.Raju be taken to army hospital at Secunderabad.

It has been alleged that Raju, who is an outspoken critic of Andhra Pardesh Chief Minister Y. S. Jaganmohan Reddy (his own party head) has been indulging in hate speeches against certain communities and promoting disaffection against the Government, which will cause loss of faith in the Government and also cause disturbances.

Refusing to entertain his bail application, the Andhra Pradesh High Court had said :

 "This Court, as well as the Sessions Court, have got concurrent jurisdiction, this Court is not inclined to entertain this petition directly without moving the same before the trial Judge, where entire material including remand report will be available on his production."

Click here to read/download the order





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